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HomeMy WebLinkAbout2004-255 ",-r ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2004-255 Being a By-law to authorize the execution of a contract between the Corporation of the Municipality of Clarington and the Region of Durham for the provision of services under an agreement for Single Stream Remuneration for Regional Council duties, for the Mayor and Members of Regional Council. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1, THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, the Region of Durham and said Corporation; 2, THAT the contract in substantially the form attached hereto as Schedule "A" form part of this By-law, By-law read a first and second time this 13 day of December ,2004, ,2004 By-law read a third time and finally passed this 13 day of December Q:LM~, Jo n Muttoll,MaYQr , > , THIS AGREEMENT made this 6th day of Januarv ,2005 BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM (the "Region") - and- I'7I.1NltIMJ-/T7 Or {!~/NG-rt1N (the "Municipality") WHEREAS this agreement is being entered into pursuant to section 20 of the Municipal Act, 2001, S,O, 2001, c,25 (the "Act") to provide for joint services in respect of the administration of remuneration for members of Regional Council; AND WHEREAS by the Adoption of Report No, 2004,A-05(1) of the Finance and Administration Committee, Regional Council at its meeting held on February 11, 2004 authorized an arrangement for the harmonization of Councillors' salaries between the Region and the Municipality in order to provide for a single stream payment of remuneration to members of Regional Council by the Municipality; AND WHEREAS the Municipality, by By-Law No, 2004-255 passed on December 13, 2004, has confirmed that it is prepared to enter into a joint services agreement with the Region; NOW THEREFORE the parties agree as follows: APPLICATION 1, This Agreement shall be applicable to all members of Regional Council who are members of Council for the Municipality, including the Mayor. DUTIES 2, The Region shall: (a) establish the rate of remuneration in respect of all members of Regional Council, which may be amended from time to time (hereafter referred to as "Regional Remuneration"); (b) reimburse the Municipality for the costs of the Regional Remuneration, including any increases to benefit expenses on a pro rata basis attributable to Regional Remuneration, Such funds shall be remitted in accordance with the terms set out in Schedule "A" attached hereto, - 2 - (c) reimburse the Municipality for the cost of providing a health spending account to its Regional Councillors in lieu of their being entitled to receive the applicable insured benefits otherwise offered to Regional Councillors by the Region. The Region's obligation to reimburse the Municipality for a health spending account for each Regional Councillor shall be capped at the amount set forth in Schedule "A" attached hereto. (d) continue to administer and/or adjudicate any long term disability benefit claim in respect of the Municipality's Regional Councillors, and shall reimburse the Municipality as appropriate. Any such claim shall be based upon the Regional remuneration net of the reimbursement for the health spending account referenced in paragraph 2(c). 3. The Municipality shall: (a) implement all measures necessary to administer the Regional Remuneration and health spending account in accordance with the terms of this agreement and Schedule "A" attached hereto. (b) invoice the Region for the direct costs of the Regional Remuneration and the health spending account. 4. This Agreement shall be administered by the Municipality solely on a direct cost recovery basis and there shall be no additional administrative costs charged to the Region arising from the administration of Regional Remuneration and the health spending account by the Municipality. TERM OF AGREEMENT 5. This Agreement shall be in force effective January 1, 2005. Either party hereto may terminate this Agreement by providing at least sixty (60) days written notice to the other party. INDEMNITY 6. The Municipality agrees to indemnify and save harmless the Region from and against any and all costs, claims, demands, suits, actions and judgments made, brought or recovered against the Region resulting from any act or omission by the Municipality, its employees or agents, in connection with the provision of services pursuant to this Agreement including, without limitation, any proceeding or claim resulting from a failure to deduct or remit any required statutory deduction in connection with the Regional Remuneration and or the health spending account. - 3- BINDING EFFECT 7. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors, administrators and assigns. SCHEDULE 8. Schedule "A" as attached forms an integral part of this Agreement and is binding upon the parties. AMENDMENTS 9. This Agreement and Schedule "A" hereto may be amended from time to time upon the mutual written agreement of each party or their respective successors or permitted assigns. IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective seals under the hands of their proper signing officers duly authorized in that behalf. THE REGIONAL MUNICIPALrTY OF DURHAM p" 3-k;"~?"A> p" ;rm~ ~GIONALCHAIR l.i.,. JA.L C~EP>" MUNICIPALITY OF CLARINGTON Per: '~ -~">"', ,-' -. E,' ,.- ~/7'-,.r?, . / . >-- - /-:....-- - ~ Charlie . DeputvMaYof" < // 5-. Per: .C '''\, < u..>....J ~ SCHEDULE "A" JOINT SERVICES AGREEMENT to provide for remuneration to members of Regional Council pursuant to s.20 of the Municipality Act, 2001, S.O. 2001, c.25 1. The rates for Regional Remuneration and health spending account referenced in paragraph 2 of the Agreement shall be: Regional Remuneration $39,985.00- effective January 1, 2005 Regional Remuneration $41,185 - effective April 1, 2005 Additional Regional Remuneration as Chair of Regional Standing Committee or member of Police Services Board $6,000 - effective January 1, 2005 Maximum annual reimbursement for health spending account $2,000.00 - effective January 1, 2005 2. Regional Remuneration and health spending account rates will be amended from time to time as established by Regional Council and/or the Commissioner of Human Resources of the Region, and this Schedule shall be amended accordingly. 3. Regional Remuneration shall be deemed to include any entitlement to severance remuneration that a member of Regional Council may be entitled to from time to time pursuant to the by-laws of the Region. 4. The reimbursement in respect of increased benefits expenses referenced in paragraph 2(b) of the Agreement includes employer's share of premiums for Canada Pension Plan, OMERS contributions and all other statutory and discretionary benefits incurred by the Municipality that are directly attributable to Regional Remuneration provided that such reimbursement shall be undertaken on a pro rata basis. 5. The Municipality will invoice the Region quarterly for the recovery of Regional Remuneration, health spending account and related benefit expenses. . "{<,. -, ""~':Y--- " ,",.t.,,'";,,,,, Legal Documents Circulaffdff Sheet'" . t!2!!: ALL Information to be completed before legal documents are signed by the Regional Chair & Clerk. . COUNCIL APPROVAL MUST BE ATTACHED or DOCUMENTS WILL BE RETURNED TO INITIATING DEPARTMENT Date of Approval by Council IS QJ.DO Name of Committee Resol:ution No. By-law No. No. of C'3s jithed: Drawings Attached DYes 0 No Distribute Copies Following Execution to : an:tke'T'a/7~ or'(J'Ix:L1 fo r ('.den;; br7. ) External Approval Required 0 Yes 0 No Received 0 Yes 0 No Finance Department Approval Required re: Insurance/Risk Management 0 Yes (Go to 2.) 0 No (Go to 3.) Date Approved & FOlWSrded Authorized Signature of Approval Is Ontario Municipal Board Approval Required Pursuant to a.Reg 710/927 0 Yes 0 No Date Approved and FOlWSrded to Legal Department Authorized Signature of Approval Date of Insurance/Risk Management Approval and Forwarded to legal Department Authorized Signature InsurancelRisk Management ? Authorized Signature of Approval or. Date Forwarded to Regional Chair for Signature ) Date Distributed .,t~. Signatures ~ sealed Further Action: .. Further Execution 0 Yes IY'N0 ';',- Ii Registration DYes tY'No Document Returned 0 Yes 0 No I Document Number Assigned # Rev (05/971 .. THIS AGREEMENT made this 6th day of Januarv ,2005 BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM (the "Region") - and- ~lIAI(~H',4L.1"'7 tJr- {'tfiA'//l/GTo;J (the "Municipality") WHEREAS this agreement is being entered into pursuant to section 20 of the Municipal Act, 2001, S.O. 2001, c.25 (the "Act") to provide for joint services in respect of the administration of remuneration for members of Regional Council; AND WHEREAS by the Adoption of Report No. 2004-A-05(1) of the Finance and Administration Committee, Regional Council at its meeting held on February 11, 2004 authorized an arrangement for the harmonization of Councillors' salaries between the Region and the Municipality in order to provide for a single stream payment of remuneration to members of Regional Council by the Municipality; AND WHEREAS the Municipality, by By-Law No. 2004-255 passed on December 13, 2004, has confirmed that it is prepared to enter into a joint services agreement with the Region; NOW THEREFORE the parties agree as follows: APPLICATION 1. This Agreement shall be applicabie to all members of Regional Council who are members of Council for the Municipality, including the Mayor. DUTIES 2. The Region shall: (a) establish the rate of remuneration in respect of all members of Regional Council, which may be amended from time to time (hereafter referred to as "Regional Remuneration"); (b) reimburse the Municipality for the costs of the Regional Remuneration, including any increases to benefit expenses on a pro rata basis attributable to Regional Remuneration. Such funds shall be remitted in accordance with the terms set out in Schedule "A" attached hereto. , - 2- (c) reimburse the Municipality for the cost of providing a health spending account to its Regional Councillors in lieu of their being entitled to receive the applicable insured benefits otherwise offered to Regional Councillors by the Region. The Region's obligation to reimburse the Municipality for a health spending account for each Regional Councillor shall be capped at the amount set forth in Schedule "A" attached hereto. (d) continue to administer and/or adjudicate any long term disability benefit claim in respect of the Municipality's Regional Councillors, and shall reimburse the Municipality as appropriate. Any such claim shall be based upon the Regional remuneration net of the reimbursement for the health spending account referenced in paragraph 2(c). 3. The Municipality shall: (a) implement all measures necessary to administer the Regional Remuneration and health spending account in accordance with the terms of this agreement and Schedule "A" attached hereto. (b) invoice the Region for the direct costs of the Regional Remuneration and the health spending account. 4. This Agreement shall be administered by the Municipality solely on a direct cost recovery basis and there shall be no additional administrative costs charged to the Region arising from the administration of Regional Remuneration and the health spending account by the Municipality. TERM OF AGREEMENT 5. This Agreement shall be in force effective January 1, 2005. Either party hereto may terminate this Agreement by providing at least sixty (60) days written notice to the other party. INDEMNITY 6. The Municipality agrees to indemnify and save harmless the Region from and against any and all costs, claims, demands, suits, actions and judgments made, brought or recovered against the Region resulting from any act or omission by the Municipality, its employees or agents, in connection with the provision of services pursuant to this Agreement including, without limitation, any proceeding or claim resulting from a failure to deduct or remit any required statutory deduction in connection with the Regional Remuneration and or the health spending account. - 3 - BINDING EFFECT 7. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors, administrators and assigns. SCHEDULE 8. Schedule "A" as attached forms an integral part of this Agreement and is binding upon the parties. AMENDMENTS 9. This Agreement and Schedule "A" hereto may be amended from time to time upon the mutual written agreement of each party or their respective successors or permitted assigns. IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective seals under the hands of their proper signing officers duly authorized in that behalf. THE REGIONAL MUNICIPAHTYOF DURHAM Per: Per: PJ.t M,t',DiLL, R?:C;,:Ci\J/\L CL - MUNICIPALITY OF CLARINGTON .,.,' Per: , ---: ~~-~- -'--'--~~~,'~'--"-~ '-. r( /;.,"",-:'5 .,' -'. .' _. - I -'--- Charll~r , Dep~ Mayifl' ':._ < - -; - /::-- -'~ - - -." - ---- >. \ r~ci:...:J_ ; ~ - ~--.- Per: SCHEDULE "A" JOINT SERVICES AGREEMENT to provide for remuneration to members of Regional Council pursuant to s.20 of the Municipality Act, 2001, S.O. 2001, c.25 1. The rates for Regional Remuneration and health spending account referenced in paragraph 2 of the Agreement shall be: Regional Remuneration $39,985.00- effective January 1, 2005 Regional Remuneration $41,185 - effective April 1 , 2005 Additional Regional Remuneration as Chair of Regional Standing Committee or member of Police Services Board $6,000 - effective January 1, 2005 Maximum annual reimbursement for health spending account $2,000.00 - effective January 1, 2005 2. Regional Remuneration and health spending account rates will be amended from time to time as established by Regional Council and/or the Commissioner of Human Resources of the Region, and this Schedule shall be amended accordingly. 3. Regional Remuneration shall be deemed to include any entitlement to severance remuneration that a member of Regional Council may be entitled to from time to time pursuant to the by-laws of the Region. 4. The reimbursement in respect of increased benefits expenses referenced in paragraph 2(b) of the Agreement includes employer's share of premiums for Canada Pension Plan, OMERS contributions and all other statutory and discretionary benefits incurred by the Municipality that are directly attributable to Regional Remuneration provided that such reimbursement shall be undertaken on a pro rata basis. 5. The Municipality will invoice the Region quarterly for the recovery of Regional Remuneration, health spending account and related benefit expenses.